David Yates Jun. 3, 2009, 7:24am
Bad credit? No credit? In danger of losing your home? Well, a local couple has figured out an alternative form of mortgage bailout, sue everyone involved with your loan.
Better Manufactured Housing was slated to present its case for summary judgment before 136th District Judge Milton Shuffield on June 2, but the hearing was nixed at the last second and the plaintiffs are expected to non-suit the defendant, a court official told the Record.
Last January, George Coleman and his wife, Jennifer, were in the process of settling into their newly manufactured home when an eviction notice landed on their front door.
Apparently, even though contracts had been signed and the closing ceremony had been concluded, a survey of the property held up the lender, Greater United Home Funding, from paying the seller, Better Manufactured Housing, court papers say.
After the technical error was cleared up, enough time had elapsed that Greater United required a current credit check, which proved not to be in the Coleman's favor.
"When Greater United re-ran credit, the report had findings that were not present when credit was initially run," court papers state.
"Apparently, from the time credit was initially run Ã¯Â¿Â½ the Colemans had become seriously delinquent on a credit account Ã¯Â¿Â½ they owed in San Antonio. There was also an issue with an automobile loan that was delinquent as well."
Since the Coleman's loan fell through, Better Manufactured Housing was compelled to reclaim its property.
Court papers show a Better Manufactured Housing employee posted an eviction notice on the Coleman's front door on Feb. 15, 2008, a month after the couple had moved in.
Four days later, the Colemans filed a lawsuit against Better Manufactured Housing and United Home Funding in Jefferson County District Court on Feb. 19, 2008.
The Coleman's had accused Better Manufactured Housing of harassing them, arguing that they had kept their end of the bargain and the events that transpired were beyond their control.
Better Manufactured Housing countersued, denying each of the Coleman's allegations.
Court officials could not say if the plaintiffs and Better Manufactured Housing had settled or if the couple was simply dismissing the company from the suit without a fight. United Home Funding is still a party to the suit.
Better Manufactured Housing is represented in part by attorney Steve Bennett.
The Colemans are represented by the Law Offices of Danny Scott.
Case No. D181-259